Heinrich Schepers GmbH & Co., KG v. Whitaker

Summary

The Supreme Court of Virginia held that the plaintiff's waiver of a jury trial during the first trial was limited to that proceeding and did not bar a renewed jury demand after remand. The court also held that the appellant's assignment of error failed to challenge the circuit court's actual ruling and affirmed the $5 million judgment entered after the second trial.

Holdings

1. An assignment of error is legally ineffective under Rule 5:17(c) when it does not identify and challenge the specific ruling actually made by the circuit court.
2. A waiver of the right to a jury trial that is limited to a particular proceeding does not continue to bar a jury demand in a later proceeding following reversal and remand.

Questions Presented

1. Whether Heinrich's assignment of error complied with Rule 5:17(c) by challenging the circuit court's actual ruling.
2. Whether Whitaker's waiver of a jury trial at the first trial continued to apply after reversal and remand for a new damages proceeding.
3. Whether the circuit court properly allowed Whitaker to demand a jury trial on remand.

Disposition

affirmed